Shri. Shamshuddin Ismail Mulani v. Smt. Kantabai Bayaji Bidgar And ORS.

Trupti p517-caf-3137-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3137 OF 2017 IN R.C. NO. 1758 OF 2017 Shamshuddin Ismail Mulani ...Applicant

Versus

Kantabai Bayaji Bidgar & Ors.

...Respondents

......

Mr.Dhananjayrao D. Rananaware for the Applicant. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED : OCTOBER 05 , 2017 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

This Civil Application is moved for restoration of First Appeal. 3.

Learned counsel for the applicant submits that by order dated 03.07.2017 passed by the Registrar (Judicial-II), this Appeal was dismissed for non removal of office objections. He further submits that the First Appeal was dismissed when it was not registered. This Application for restoration of First Appeal is filed within time. 4.

In view of the above submissions, the order dated 03.07.2017 passed by the Registrar (Judicial-II) is set aside.

Trupti p517-caf-3137-17.doc 5.

Civil Application is allowed in terms of prayer clause (b). 6.

The applicant is directed to remove all office objections or or before 12.10.2017. If the objections are not removed on or before 12.10.2017, the First Appeal will be dismissed without referring to the Court.

7.

Civil Application is allowed and is disposed of accordingly. (MRIDULA BHATKAR, J.)